The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
The House was asked whether a prisoner appearing before a Board of visitors on a disciplinary charge is entitled as of right to legal representation at the hearing. The prisoners had failed in their claims to such a right. Held: The argument that they were entitled as of right to legal representation at the hearing … Continue reading Regina v Board of Visitors of the Maze Prison, ex Parte Hone: HL 21 Jan 1987
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Judges: Kerr LCJ, Campbell LJ and Girvan LJ Citations: [2007] NICA 24 Links: Bailii Statutes: Inquiries Act 2005, Prison Act (Northern Ireland) 1953 Jurisdiction: Northern Ireland Administrative, Coroners, Prisons Updated: 03 November 2022; Ref: scu.261657
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence information. The recall was considered by a panel of commissioners and material was served, … Continue reading Martin Corey, Re for Judicial Review: SC 4 Dec 2013
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
